Case law

Edward Hotard Versus Charles C. Julien and Eliana Defrancesch, in Her Capacity as Clerk of Court

Louisiana Court of Appeal · Aug 24, 2023

Appellate courts review findings of fact under the manifest error or clearly wrong standard. Brehm, supra, citing North v. Doucet, 18-437 (La. App. 5 Cir. 8/1/18), 253 So.3d 815, 818. … Unfortunately, his attempts to prove that he did in fact file his 2019 state tax return through establishing a pattern of timely or regularly filing his taxes were not sufficient.

State v. Gay

830 So. 2d 356 · Louisiana Court of Appeal · Oct 23, 2002

When the direct l6evidence is thus viewed, the facts established by the direct evidence and in- ferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond … The record before us clearly supports the convictions.

State v. Jones

2015 La.App. 4 Cir. 0123 · Louisiana Court of Appeal · Dec 2, 2015

Glenn Fahrig, a forensic DNA analyst with the Louisiana State Police (“LSP”) Crime Lab, was qualified as an expert in the field of forensic DNA analysis. Mr. … He identified himself in a short clip of the video interview and established that he remembered it.

State of Louisiana, Division of Administration, Office of Community Development - Disaster Recovery Unit v. Judy Henderson a/k/a Judy G Henderson

Louisiana Court of Appeal · Dec 15, 2022

E. art. 803( 6) must authenticate it by a qualified witness. … Clearly, the mandates of La. C. C. art. 1702 require " competent and admissible testimony" and the testimony and affidavit of Mr. Haley contain neither.

Broussard v. R. H. Gracey Drilling Co.

70 So. 2d 713 · Louisiana Court of Appeal · Jan 29, 1954

We can clearly reconcile his evidence with that of Drs. … Board of Commissioners of Port of New Orleans are clearly distinguishable from the case at bar.

Mathews v. Hixson Bros., Inc.

2002 La.App. 3 Cir. 124 · Louisiana Court of Appeal · Jul 31, 2002

The implications raised by this percentage clearly foreshadow the probability that numerous individual suits would or may be filed if the class certification were denied." … of conflicting or antagonistic claims between the representatives and the other class members; (2) the representatives' sufficient interest in the outcome to insure vigorous advocacy; and (3) competent, experienced, and qualified

Boes Iron Works LLC v. Galatas

974 So. 2d 713 · Louisiana Court of Appeal · Dec 11, 2007

The plaintiffs assert in their petition that the defendants knew the insurance policies did not qualify as taxsheltered investments under Section 419, and undertook a variety of actions after the sale designed to conceal … However, in the paperwork regarding that transaction is a signed disclosure acknowledgement clearly setting forth the risks of which Mr. Boes asserts he was not informed.

State v. Allen

2000 La.App. 4 Cir. 1859 · Louisiana Court of Appeal · May 9, 2001

However, mere presence in an area where drugs are found is insufficient to establish constructive possession. State v. Walker, 99-1957, p. 3 (La.App. 4 Cir. 5/17/00), 764 So.2d 1130, 1134 . … Where the record clearly shows an Inadequate factual basis for 'the sentence imposed, resentencing is unnecessary even when there has not been full compliance with Art. 894.1. State v. Landos, 419 So.2d 475 (La.1982).

Williamson v. Haynes Best Western

688 So. 2d 1201 · Louisiana Court of Appeal · Jan 29, 1997

Donald Adams was also qualified as an expert in rehabilitation. … This result clearly suggested she did not have aphasia.

State v. Mock

265 So. 3d 1029 · Louisiana Court of Appeal · Feb 6, 2019

Mock was sixteen (16) years old so he clearly falls within 857(C)(2). The time - - this is not a hammer case, this is not a criminal - - this is not a misdemeanor case, this is a felony charge. … A conviction on this charge does not qualify as grounds for retention of jurisdiction under Article 305(D), as Defendant was neither convicted of an offense which could have properly served as the basis for criminal court

State v. Mock

265 So. 3d 1029 · Louisiana Court of Appeal · Feb 6, 2019

Mock was sixteen (16) years old so he clearly falls within 857(C)(2). The time - - this is not a hammer case, this is not a criminal - - this is not a misdemeanor case, this is a felony charge. … A conviction on this charge does not qualify as grounds for retention of jurisdiction under Article 305(D), as Defendant was neither convicted of an offense which could have properly served as the basis for criminal court

State v. Hatfield

2013 La.App. 4 Cir. 0813 · Louisiana Court of Appeal · Jul 2, 2014

Trant said the medical literature established that it takes eight to twelve hours for lividity to become fixed. … In any case, the thrust of defense counsel’s argument on the issue at trial clearly was directed to rebuttal evidence, not rebuttal argument.

State of Louisiana v. Jason Lee Lopez

Louisiana Court of Appeal · Apr 26, 2023

Accordingly, the requirements of horizontal relatedness can be established by linking each predicate act to the enterprise, although the same or similar proof may also establish vertical relatedness. … First, the evidence clearly showed that Defendant was associated with an enterprise, namely the ABT. This was established by the witnesses’ testimony and Defendant’s own admission.

State v. Deville

632 So. 2d 1221 · Louisiana Court of Appeal · Feb 28, 1994

It is well established that the double jeopardy clause of the U.S. … Moreover, it cannot be said that the measure of recovery fixed by Congress in § 1497 is so unreasonable or excessive that it transforms what was clearly intended as a civil remedy into a criminal penalty.

Susana F. Moody v. Ross Moody

Louisiana Court of Appeal · Feb 5, 2020

On April 14, 2014, Ross filed a Rule to Establish Child Support and Related Financial Obligations. … She qualified for short term disability in 2017, but has worked part-time in 2018 and 2019.

Esther Redmann Giavotella v. The Travelers Indemnity Company, Nu-Gen Services & Rentals, L.L.C. and Ryan Mitchell

Louisiana Court of Appeal · Oct 24, 2019

STANDARD OF REVIEW The appellate court' s review of factual findings is governed by the manifest error/clearly wrong standard. … Robert testified that he was licensed and qualified to perform artificial discectomies and had been certified to perform artificial disc surgery.

Khoobehi Properties, L.L.C. Versus Baronne Development No 2., L.L.C., Kailas Family Limited Partnership, and Kailas Properties, L.L.C

Louisiana Court of Appeal · Aug 11, 2025

Tuthill used her specialized knowledge to interpret the proposed numbers at issue and establish the valuation, based her testimony on sufficient facts or data, and used reliable principles and methods. … It is well settled that a district court has wide discretion in determining whether to allow a witness to testify as an expert, and its judgment will not be disturbed by an appellate court unless it is clearly erroneous

Jacqueline Brenner v. Dr. Ronald M. Lewis

Louisiana Court of Appeal · Jan 18, 2018

Likewise, the record clearly shows, and Dr. Shaneyfelt testifies, that no antibiotics were given during Judith’s hospital stay or upon her discharge from the hospital. Dr. … Cellulitis often originates from an infected wound and can lead to serious illness in the elderly or those with compromised immune systems.” Dr.

State v. Henry

966 So. 2d 692 · Louisiana Court of Appeal · Sep 19, 2007

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … At the habitual offender hearing for the case sub judice, SPD Corporal Tommy Rachal was qualified as an expert witness in fingerprint examination and analysis, and he took Defendant's fingerprints in open court.

State of Louisiana in the Interest of N.B.

Louisiana Court of Appeal · Dec 16, 2022

At the time, he was a year and a half behind on his childhood immunizations and had missed dozens of therapy sessions for his autism and medical appointments for his various medical and developmental disabilities. … clearly wrong ( manifestly erroneous).